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(영문) 부산지방법원 2016.04.28 2015가합45805
유류분반환
Text

1. The defendant,

A. The Plaintiff A’s KRW 48,636,583 and its related KRW 5% per annum from June 12, 2015 to April 28, 2016.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) died on April 23, 2014. The Plaintiff, the Defendant, F, G, and H, who were their children, and the deceased’s spouse B and the Plaintiff C, who was their children, inherited and inherited the deceased.

B. From October 29, 1998 to November 17, 2008, the Deceased completed the registration of ownership transfer on the following land (hereinafter “instant land”) by reason of donation to the Defendant.

On October 29, 1998, J-si, Kimhae-si, Kimhae-si donated with 3071 square meters in 3071 square meters on the date of receipt of the reason for registration of real estate, and on October 29, 1998, Kimhae-si donated with 840 square meters in 840 square meters in Kimhae-si on October 29, 1998, Kimhae-si on March 10, 2005, donated with 11901 square meters in Ma City on March 10, 2005

The total market value of the instant land calculated as of April 23, 2014, which is the time when the deceased died, is KRW 1,472,695,00.

At the time of the death of the deceased, it is not revealed as active and negative property of the deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including paper numbers), the result of the commission of appraisal to the Sam Chang Chang Corporation Corporation of this Court, the purport of the whole pleadings

2. The parties' assertion

A. Since there is a shortage of the plaintiffs' legal reserve of inheritance due to the plaintiffs' donation of the land to the defendant, the defendant is obligated to pay the difference in legal reserve of inheritance and damages for delay to the plaintiffs.

B. Around September 1997, the Defendant’s assertion that the deceased donated the Plaintiff 1,071 square meters, 476 square meters, and 116 square meters, respectively, to the Plaintiff during Kimhae-si, Kim Jong-si, and 196 square meters prior to P. A. On May 11, 2005, the deceased’s other inheritors of the deceased, donated Qu 1,120 square meters to F, G, and H, which are the deceased’s other inheritors, and thus, the above property should be assessed as the property that forms the basis for calculating the legal reserve of inheritance.

3. The calculation method of shortage in legal reserve of inheritance shall be calculated by adding the value of the property donated to him/her to the whole value of the property at the time of the commencement of the inheritance, and deducting the total amount of debts borne by him/her at the time of

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